Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Dubs and Lord Bishop of Chelmsford

Report stage
Wednesday 6th March 2024 Lords Chamber

[Lord Dubs (Lab)]

My Lords, I would like to endorse the arguments used by my noble friend Lady Lister and to fully support this amendment. We all know that child assessments are difficult, and they can be traumatic for the children concerned. I know of an example where a girl, who was quite sensible and coherent, was being interviewed, and then, when she left the interview, she was traumatised, deeply upset and it was a very distressing experience. It will be even more distressing if so much more hangs on the outcome.

Officials can get it wrong; it is difficult to assess the age of children, and this modest amendment simply seeks to provide a safeguard against getting it wrong. Yes, the Minister can say that if we get it wrong, the child can be brought back from Rwanda—what a terrible thing to subject a child to. Asylum-seeking children are among the most vulnerable of all asylum seekers, and I hope the House will support the amendment.

[The Lord Bishop of Chelmsford]

My Lords, I rise also to support Amendment 34. I will keep my comments brief because I fully support the statements from the noble Baroness, Lady Lister, and the noble Lord, Lord Dubs. But please do not mistake my brevity with the level of importance that should be attached to this issue. Safeguarding is not some burdensome requirement but a moral and legal imperative. It is for this reason that I repeat the request that I made in Committee for a child’s rights impact assessment to be published.

It is welcome that the Government have excluded unaccompanied children from the Rwandan partnership, but to safeguard potential children effectively, this commitment must be more than a mere intention; it must be operationally put into practice. This amendment would help mitigate the risk of a person being sent erroneously—when they are, in fact, a child—by sensibly awaiting the result of any age assessment challenge before their removal. When it comes to a child, we cannot allow harm to be addressed retrospectively, as surely it is the role of any Government to prevent harm, regardless of the immigration objective. Trauma, as we have heard, simply cannot be remedied.

The Minister has shared that the Home Office will treat an individual claiming to be a child as an adult, without conducting further inquiries, only if two officers have separately determined that the individual’s appearance and demeanour strongly suggest that they are significantly over the age of 18. But practice to date shows that this is no safeguard at all, because it has not prevented hundreds of children from being incorrectly assessed as adults.

I also want to add that the hotels reinspection report by the Independent Chief Inspector of Borders and Immigration, finally published last week, states,

“there has been no assessment of the collective needs of the children”.

That is traumatised unaccompanied children whom the Home Office has placed in hotels. This disturbing finding does not provide any reassurance that the Home Office is equipped to ensure children are protected through the age assessment process.

Therefore, given that errors have been made in the age verification process and children have been subjected to unsafe adult environments as a result, can I ask the Minister to agree today to review the Home Office’s age assessment guidance, in consultation with stakeholders, in light of the new risks posed by the Rwandan removals? Will he also be willing to meet with the signatories of the amendments in this group to discuss this matter?

Finally, the golden rule, “Do to others as you would have them do to you”, could easily be rephrased for this context into the question, “Would you consent to this course of action for your own child or grandchild?” I do not believe that there is anyone among us who would. For this reason, I pray that the Government consider the issues raised today with the consideration that every child deserves.